HomeMy WebLinkAbout2013-09-18; Planning Commission; Resolution 7009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 12-07 TO
SUBDIVIDE AND GRADE A 3.76 ACRE SITE INTO SEVENTEEN (17) SINGLE-
FAMILY RESIDENTIAL LOTS ON PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF THE INTERSECTION OF OAK AVENUE AND
VALLEY STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: VALLEY 17
CASE NO.: CT 12-07
WHEREAS, City Ventures, “Developer,” has filed a verified application with the City of
Carlsbad regarding property owned by Leslie S. Hentzen and Alan J. Shimamoto, “Owner,” described
as
All of lots 23 and 24 of Patterson’s Addition to the Town of Carlsbad,
according to the map thereof No. 565, filed in the office of the
recorder of San Diego County, September 22, 1888; Excepting
therefrom the southerly 400 feet thereof, the northeasterly line of
said southwesterly 400 feet being parallel with the southwesterly line
of said lots 23 and 24
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map as
shown on Exhibits “C1-C5,” “L1-L3,” and “A1-A20” dated September 18, 2013, on file in the Planning
Division VALLEY 17 – CT 12-07, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 18, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to
the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES VALLEY 17 – CT 12-07, based on the following findings and subject to the
following conditions:
PLANNING COMMISSION RESOLUTION NO. 7009
PC RESO NO. 7009 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Findings:
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map
Act, and will not cause serious public health problems, in that the project implements the goals
and policies of the General Plan as discussed in the staff report; is consistent with all
minimum requirements of Title 20 and 21 governing lot size and configuration; and has been
designed to comply with all applicable City regulations.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General Plan with
comparable densities.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed,
in that all required development standards and design criteria required by the applicable
zoning ordinances are incorporated into the project without the need for variances from
development standards.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the lots are oriented to allow for
solar exposure and take advantage of prevailing breezes.
7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the
public service needs of the City and available fiscal and environmental resources.
8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the project site has been previously disturbed and farmed and the currently undeveloped
site is comprised of non-native vegetation.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City’s sewer and drainage standards and the project is conditioned to comply with
the National Pollutant Discharge Elimination System (NPDES) requirements.
10. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan, based on the facts set forth in the staff report dated
September 18, 2013 including, but not limited to the following:
PC RESO NO. 7009 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a. Land Use – The project’s proposed density is 4.52 dwelling units per acre, which is above
the RLM density range of 0-4 dwelling units per acre and the GMCP of 3.2 dwelling units
per acre. However, the Land Use Element of the Carlsbad General Plan recognizes that
there are exceptional cases where the base zone (R-1-7,500) is consistent with the Land
Use designation (RLM) but would permit a slightly higher yield (maximum of 5 du/ac)
then that recommended in the low-medium density residential classification provided
three findings are made. All of the three findings can be made as follows: As
demonstrated in Table 3 of the attached Staff Report, the project is compatible with the
General Plan; the project either incorporates the necessary infrastructure or is
conditioned to provide it; and, the maximum density of the RLM designation is 4 du/acre.
The proposed project density is 4.52 du/acre, which is less than the General Plan Land Use
policy which allows a 25% increase up to 5 du/acre. Furthermore, City Council Policy
No.43 “Excess Dwelling Unit Bank” includes the same exceptional case provision to allow
for the withdrawal of 5 dwelling units from the bank.
b. Housing – The project is consistent with the Housing Element of the General Plan and the
Inclusionary Housing Ordinance in that the developer has been conditioned to enter into
an Affordable Housing Agreement to construct three (3) inclusionary housing units on-site
in the form of second dwelling units.
c. Circulation – The project will take access off of Oak Avenue and an extension of James
Drive. A Neighborhood Improvement Agreement (NIA) will be required because Oak
Avenue is designated as an Alternative Design Street. The project provides adequate
circulation infrastructure to serve the projected population; and provide a circulation
system that promotes safety and livability of residential neighborhoods while maintaining
adequate emergency access for service providers and prompt evacuation capability for
residents in that, primary local access to the site will be provided via James Drive. The
circulation system has been designed in conformance with Land Development Engineering
Division and Fire Department design standards and complies with all other applicable City
design standards.
d. Noise – A site specific Noise Study was prepared by Davies and Associates dated August
2013 and concluded that the project will not result in exposure of persons to or
generation of noise levels in excess of standards established in the General Plan or the
City of Carlsbad Noise Guidelines.
e. Public Safety – The project is required to install Fire Hydrants consistent with Fire
Department Regulations.
f. Open Space and Conservation - The project will not have any environmental impacts to
the previously graded site that is void of sensitive habitat.
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
PC RESO NO. 7009 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
12. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established
by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad
Municipal Code. This will ensure continued availability of public facilities and will mitigate any
cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
14. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created
by this project and in compliance with adopted City standards.
15. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code
Section 14.28.020 and Landscape Manual Section I B).
16. The Planning Commission hereby finds that all development in Carlsbad benefits from the
Habitat Management Plan, which is a comprehensive conservation plan and implementation
program that will facilitate the preservation of biological diversity and provide for effective
protection and conservation of wildlife and plant species while continuing to allow compatible
development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife
habitats and sensitive species is required by the Open Space and Conservation Element of the
City’s General Plan which provides for the realization of the social, economic, aesthetic and
environmental benefits from the preservation of open space within an increasingly urban
environment. Moreover, each new development will contribute to the need for additional
regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu
Mitigation Fee imposed on all new development within the City is essential to fund
implementation of the City’s Habitat Management Plan.
17. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15332 (In-Fill Development Projects) Class 32 Categorical
Exemption of the State CEQA Guidelines. The project is consistent with the General Plan as well
as with the Zoning Ordinance, the project site is within the City limits, is less than 5 acres in size,
and is surrounded by urban uses; there is no evidence that the site has value as habitat for
endangered, rare, or threatened species; approval of the project will not result in significant
effects relating to traffic, noise, air quality, or water quality; and the site can be adequately
served by all required utilities and public services. In making this determination, the City
Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do
not apply to this project.
PC RESO NO. 7009 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision, must be met prior to approval of a final map, grading, or building
permit, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City’s approval of this Tentative
Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development, different from
this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly,
from (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance
of any permit or action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator’s installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission
by the facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the Tentative
Tract Map reflecting the conditions approved by the final decision-making body.
PC RESO NO. 7009 -6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including
any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This tentative map shall expire two years from the date on which the planning commission
voted to approve this application.
11. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy. A note to this effect shall be placed on
the Final Map.
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
13. Prior to the approval of the final map, Developer shall submit to the City a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in the
office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Tentative
Tract Map by Resolution No. 7009 on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all conditions
of approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The City Planner has the authority to execute and record an amendment to the
notice which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
14. Prior to the approval of the final map for any phase of this project, the Developer shall enter
into an Affordable Housing Agreement with the City to provide three (3) onsite affordable
second dwelling units located on lots 3, 5 and 9 in accordance with the requirements and
process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable
Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the
request to final the map. The recorded Affordable Housing Agreement shall be binding on all
future owners and successors in interest.
PC RESO NO. 7009 -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
15. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. Property owners shall maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plan check process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
17. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee
consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No.
2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species.
The Developer is further aware that the City has determined that all projects will be required to
pay the fee in order to be found consistent with the Habitat Management Plan and the Open
Space and Conservation Element of the General Plan. Developer or Developer’s successor(s) in
interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or
building permit, whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees,
consistent with the City’s Habitat Management Plan (HMP) for impacts to 3.76 acres of
Disturbed Lands (HMP Habitat Group F). If the In-lieu Mitigation Fee for this project is not
paid, this project will not be consistent with the Habitat Management Plan and the General Plan
and any and all approvals for this project shall become null and void.
18. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
19. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the
City Planner, in the future sales office at all times. All sales maps that are distributed or made
available to the public shall include but not be limited to trails, future and existing schools,
parks, and streets.
20. Developer shall post a sign in the future sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain posted
until ALL of the units are sold.
21. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the
school district is the taxing agency responsible for the financing mechanism. The form of notice
is subject to the approval of the City Planner and shall at least include a handout and a sign
inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
. . .
PC RESO NO. 7009 -8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Engineering Conditions
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed subdivision must be met prior to approval of a final map, building or grading permit
whichever occurs first.
General
22. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the
proposed haul route.
23. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will
continue to be available until time of occupancy.
24. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the tentative
map showing conceptual grading plan, preliminary utility plan reflecting the conditions
approved by the final decision making body. The reproducible shall be submitted to the city
planner, reviewed and, if acceptable, signed by the city's project engineer and project planner
prior to submittal of the building plans, improvement plans, grading plans, or final map,
whichever occurs first.
25. Rain gutters shall be routed to the proposed bioretention basins as shown on the tentative
map. Developer shall include rain gutters on the building plans subject to the city engineer’s
review and approval. Developer shall install rain gutters in accordance with said plans.
26. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project.
27. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
28. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
29. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
30. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
31. Developer shall cause property owner to execute, and submit to the city engineer for
recordation, a city standard deed restriction on the property to the satisfaction of the city
engineer which relates to the proposed cross lot drainage as shown on the tentative map. The
deed restriction document shall:
PC RESO NO. 7009 -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A. Clearly delineate the limits of the drainage course; and
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in damage
to the underlying and adjacent properties or the creation of a public nuisance.
32. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement
with the city on a city standard form for the future public improvements of Oak Avenue along
the property frontage for a half street width of 30 feet. Public improvements shall include but
are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
sewer, water, fire hydrants, street lights, pedestrian ramp, retaining walls.
33. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
34. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall
cause owner to execute, for recordation, a city standard Local Improvement District Agreement
to pay fair share contributions for undergrounding of all existing overhead utilities and
installation of street lights, as needed, along the subdivision frontage, should a future district be
formed.
35. Prior to final map recordation, the developer shall cause the property owner to coordinate
with the owner of the adjacent property (APN 165-212-11-00) to process a lot line adjustment
as shown on the tentative map to provide APN 165-212-11-00 with adequate frontage to
James Drive for future development, to the satisfaction of the city engineer.
Grading
36. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports for city engineer review, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
37. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as
shown on the tentative map all subject to city engineer approval.
38. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
PC RESO NO. 7009 -10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
39. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a
Notice of Intent from the State Water Resources Control Board.
40. Prior to the issuance of grading permit or building permit, whichever occurs first, developer
shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP).
The TIER 3 SWPPP shall comply with current requirements and provisions established by the
San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3
SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during
construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
41. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
city’s Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to
new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer
shall pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule.
42. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, treatment
control BMP, and Low Impact Design (LID) facilities.
43. Developer acknowledges the upcoming City of Carlsbad BMP Design Manual pursuant to
provision E.3.d of the new California Regional Water Quality Control Board (RWQCB) Order
No. R9-2013-001 adopted on June 27, 2013. During final design, developer shall demonstrate
compliance with the latest storm water requirements to the satisfaction of the city engineer.
Dedications/Improvements
44. Developer shall cause owner to submit to the city engineer for recordation covenants of private
drainage easements, as shown on the tentative map. Developer shall pay processing fees per
the city’s latest fee schedule.
45. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
46. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative map. Said improvements shall be installed to city
standards to the satisfaction of the city engineer. These improvements include, but are not
limited to:
A. Construct James Drive including but not limited to median improvements, curb and
gutter, sidewalk, bike lanes, street lights, trails, and public utility improvements as
shown on the tentative map.
PC RESO NO. 7009 -11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B. Construct street improvements along Valley Street, including but not limited to, curb
and gutter, sidewalks, bike lanes, street lights and public utility improvements as
shown on the tentative map.
C. Install 8” potable water line and appurtenances within James Drive as shown on the
tentative map.
D. Install 8” gravity sewer line and appurtenances within James Drive as shown on the
tentative map.
E. Install public storm drain system, including two curb inlets at James Drive as shown
on the tentative map.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
47. Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of
the city engineer.
Non-Mapping Notes
48. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
i. Construct James Drive including but not limited to median improvements, curb
and gutter, sidewalk, bike lanes, street lights, trails, and public utility
improvements as shown on the tentative map.
ii. Construct street improvements along Valley Street, including but not limited to,
curb and gutter, sidewalks, bike lanes, street lights and public utility
improvements as shown on the tentative map
iii. Install 8” potable water line and appurtenances within James Drive as shown on
the tentative map.
iv. Install 8” gravity sewer line and appurtenances within James Drive as shown on
the tentative map.
v. Install public storm drain system, including two curb inlets at James Drive and
within the existing public utility easement as shown on the tentative map.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
PC RESO NO. 7009 -12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
D. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the city approved development
plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
Utilities
49. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains
to the satisfaction of the district engineer.
50. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
51. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
52. Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
53. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
54. The developer shall design and construct public water and sewer facilities substantially as
shown on the tentative map to the satisfaction of the district engineer and city engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
55. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the tentative map are for planning
purposes only.
. . .
PC RESO NO. 7009 -13-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
56. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
57. Any signs proposed for this development shall at a minimum be designed in conformance with
the City’s Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
58. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
59. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
60. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
61. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the tentative map are for planning
purposes only.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file
the protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any
subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
. . .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on September 18, 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Vice Chairperson Black, Commissioners Anderson, Schumacher, Scully
and Segall
Chairperson Siekmann and Commissioner L'Heureux
NEIL BLACK, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
DON NEU
City Planner
PC RESO NO. 7009 -14-